State v. Heintz, Unpublished Decision (1-22-2003)
State v. Heintz, Unpublished Decision (1-22-2003)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellant, Denny Heintz, appeals the decision of the Lorain County Court of Common Pleas. This Court dismisses the appeal.
{¶ 3} Appellant entered into a negotiated plea and sentencing agreement. In the plea agreement, appellant agreed that "[a]ll property, money and/or evidence held by the State of Ohio or any police department is hereby forfeited to the State as a condition of this plea." The trial court found that appellant had knowingly and voluntarily entered into the plea agreement.
{¶ 4} On October 12, 2001, appellant was sentenced pursuant to the negotiated plea. On November 19, 2001, appellant filed a motion for return of property pursuant to R.C.
{¶ 5} Appellant timely appealed, setting forth one assignment of error for review.
{¶ 7} In his sole assignment of error, appellant argues that the trial court erred in holding that he had forfeited property belonging to his father pursuant to a plea agreement.
{¶ 8} Before this Court reaches the merits of appellant's assignment of error, this Court must address the issue of standing of appellant. Only a party aggrieved by a final order may perfect an appeal.Ohio Contract Carriers Assn., Inc. v. Pub. Util. Comm (1942),
{¶ 9} Appellant has appealed from the order, which denied appellant's motion for return of property. In his motion for return of property, appellant stated, for the first time, that the items listed in the motion do not belong to him, but rather belong to his father Dennis Heintz. If the items are in fact the property of Dennis Heintz and not the appellant,1 appellant is not an aggrieved party whose rights have been adversely affected, and, as such, appellant lacks standing to appeal in this matter.
BAIRD, P.J. and WHITMORE, J. CONCUR.
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